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MILLS V. LEHIGH VALLEY R. CO., 238 U. S. 473 (1915)

U.S. Supreme Court

Mills v. Lehigh Valley R. Co., 238 U.S. 473 (1915)

Mills v. Lehigh Valley Railroad Company

No. 631

Argued May 11, 1915

Decided June 21, 1915

238 U.S. 473


In a suit under § 16 of the Act to Regulate Commerce, a report of the Interstate Commerce Commission finding that the rate complained of was unreasonable, and awarding specified amount for reparation, is prima facie evidence of the damages sustained, although the evidential or primary facts are not et forth. Meeker & Co. v. Lehigh Valley R. Co., 236 U. S. 412; id., 236 U. S. 434.

Where the Interstate Commerce Commission makes an award to a

Page 238 U. S. 474

shipper complaining of unreasonable and discriminatory rates, as reparation, it expresses such decision as a matter of ultimate fact, and under the provisions of the Act to Regulate Commerce, the form of expression is not confined to a particular formula.

The Act to Regulate Commerce does not allow any attorney's fee for reparation proceeding before the Commission, but only allows such a fee in an action in the courts based on the reparation award. Meeker & Co. v. Lehigh Valley R. Co., 236 U. S. 432.

The facts, which involve claims of shippers against the carriers for unreasonable and discriminatory rates, are stated in the opinion.

Page 238 U. S. 475

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